Chapter 17.84
CONDITIONAL AND TEMPORARY USE PERMITS
Sections:
17.84.020 Conditional and temporary use permit process type.
17.84.030 Action of review authority.
17.84.010 Purpose and intent.
Certain uses, because of their unique characteristics, temporary nature or noise, odors, traffic, dust, etc., generated as side effects, cannot be permitted as a general matter in any zone. Such uses should be considered individually and the impact on surrounding properties taken into account and mitigated if necessary. Therefore, the intent is to provide a review process for these uses, and to establish conditions under which the uses may be permitted in a specific location.
The following standards apply to temporary and conditional uses situated on private property only. All requests for temporary or conditional uses within city right-of-way must be evaluated and approved by Colville city council. (Ord. 1510 NS § 3, 2013; Ord. 1160 NS § 1, 1997).
17.84.020 Conditional and temporary use permit process type.
A. The Type I process shall be used to process temporary use permit requests.
B. The Type III process shall be used to process conditional use permit requests. (Ord. 1510 NS § 3, 2013; Ord. 1324 NS § 6, 2004; Ord. 1160 NS § 1, 1997).
17.84.030 Action of review authority.
A. The administrative official may approve a temporary use permit in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
1. The temporary use shall be a maximum of six months.
2. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.
3. The proposed site is adequate in size and shape to accommodate the temporary use without detriment to the use and enjoyment of other properties in the project vicinity.
4. The project makes adequate provision for access and circulation, water supply, storm drainage, sanitary sewage disposal, emergency services, and environmental protection.
5. Adequate temporary parking to accommodate all vehicular traffic that will be generated by the use will be available either on site or at alternate locations acceptable to the review authority.
B. The zoning board of adjustment at a public hearing may approve a conditional use permit in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
1. The project is consistent with the city of Colville comprehensive plan and meets the requirements and intent of this title, including the type of land use, the density/intensity of the proposed development, and the protection of critical areas, if applicable.
2. The project will not be unduly detrimental to the use of properties in the project vicinity.
3. The project makes adequate provision for access and circulation, water supply, storm drainage, sanitary sewage disposal, emergency services, and environmental protection.
4. The project adequately mitigates impacts identified through the SEPA review process, if applicable.
5. The project is beneficial to the public health, safety, and welfare, is in the public interest, and is generally compatible with adjacent properties and other property in the district. (Ord. 1510 NS § 3, 2013; Ord. 1160 NS § 1, 1997).
17.84.040 Time limits.
A. A temporary use permit shall be valid for the time specified on the approval or a maximum of six months, if not otherwise specified.
B. The city shall have the right to summarily remove the use, if the property owner and/or occupant does not vacate the premises on or before the expiration date of the permit. The city shall be entitled to charge an equitable sum to the property owner for the abatement cost of the violation.
C. Authorization of a conditional use permit shall be valid one year from the effective date, and shall lapse at that time unless a building permit has been issued and substantial construction has taken place or the use has commenced. However, a written request for up to a one-year extension submitted prior to the expiration date may be approved by the administrative official if the administrative official finds that the facts on which the conditional use permit was approved have not changed substantially.
D. In approving an application for a conditional use permit, the zoning board of adjustment may attach other time limits to the permit as deemed appropriate.
E. If the use authorized under a conditional use permit ceases or is interrupted for six consecutive months or more, then a new conditional use permit will be required. (Ord. 1510 NS § 3, 2013; Ord. 1160 NS § 1, 1997).